Requisitos de validade do plano de recuperação judicial

Abstract

The objective of this article is to identify the validity requirements of the judicial reorganization plan, based on studies of its juridical nature, applicable legal provisions, and jurisprudence analysis. Once the validity parameters of the judicial reorganization plan are defined, it is intended to minimize the risks of judicial revision and/or invalidation of the plan, which can culminate in the declaration of bankruptcy of businessmen that are not in an insolvency situation. For such purpose, the proposed methodology is based on the analysis of the rules and principles applied to the plan, as well as jurisprudence of São Paulo Court of Justice, with specialized Chambers, and of the Superior Court of Justice, which brings together discussions from all regions. In order to identify a pattern in the decisions, the Reports of the Superior Court of Justice, as well as six hundred and fifty five judgments from 2005 on were examined, whose research was based on the terms “judicial reorganization”, “plan” and “legality”. In the end, it will be shown that the judicial reorganization plan, as a legal transaction of contractual nature but with specific characteristics, is subjected to the general validity requirements of all other legal transactions (Brazilian Civil Code, article 104). Despite the identification of objective criteria to determine the validity requirements of the judicial reorganization plan, there is always a degree of subjectivity in its review given to the absence of clear limits in the Law 11.101/2005.